Sure has welcomed the Royal Court’s ruling that the Guernsey Competition and Regulatory Authority failed to comply with its statutory duties.
Sure had maintained from the outset that it had done nothing wrong, and had appealed the Guernsey Competition and Regulatory Authority’s final decision, and has now won that appeal.
The Royal Court findings outline that the Guernsey Competition and Regulatory Authority (GCRA) made fundamental errors in its approach. This resulted in a process that was deeply flawed, and which led the Court to describe the GCRA’s approach to the appeal as ‘impermissible’.
Alistair Beak (pictured), Sure’s Group CEO, welcomed the ruling but reflected on the cost to the island: “While we feel entirely vindicated by this outcome, we cannot help but conclude that this whole case has been a staggering waste of time, effort and money.
“Since the first case was brought against Sure in 2019, the GCRA ignored the simple fact that Sure had been strongly encouraged by the States of Guernsey to explore the possibility of launching a single 5G network.
“We strongly believe that the States of Guernsey should be holding the GCRA’s Chief Executive, Chairman and Board to account over what is, in our view, an appalling waste of taxpayers’ money, given the flawed approach taken by the regulator.”
Alistair continued: “Every time we disproved the GCRA’s unfounded allegations, it embarked on a new attempt to bring a new variation of the case against us. This included making damaging accusations against our team members in the public domain. I am extremely proud of and grateful to our team – who have remained professional throughout this long process. This contrasts with the GCRA, which sometimes behaved capriciously – in the deadlines it set and the demands it imposed on us. As the Court found, the GCRA’s actions denied Sure a fair hearing, by failing to follow its own basic procedural requirements.
“On the one occasion we did get to present our case to the GCRA Chief Executive, Chairman and Board, we were met with silence and did not get asked a single question. In our view, this reflected the regulator’s poor conduct throughout the case and certainly gave the impression that it had made its mind up that we were guilty from the outset.
“We are heartened by the Bailiff’s detailed judgment, which is critical of the GCRA’s approach, finds that it should have been aware of the process that had to be undertaken to bring a new case, and that its conduct on the appeal was impermissible.”
Alistair said that the States of Guernsey and the island’s public deserve answers: “Sure welcomes proper, mature and appropriate regulation, and the Guernsey taxpayer deserves a regulator that is focused on creating optimal market conditions to foster the investment and innovation needed to develop critical telecommunications infrastructure and digital services.
“Now that the spectre of this baseless legal case has been removed, Sure will focus fully on delivering next-generation 5G technology to Guernsey and building the networks that will futureproof the island and benefit islanders with faster speeds, improved coverage and greater security.”
